Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78801702 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 003 for Skin and beard cleansing gel, beard lotion, beard oil
Original Filing Basis: 1(a).
Proposed: Class 003 for Skin and beard cleansing gel, beard lotion, beard oil
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 01/10/2005 and first used in commerce at least as early as 01/10/2005, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 003.
The specimen(s) submitted consists of Digitally photographed product label on product bottle.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
Specimen File2

Correspondence Address Change
Applicant proposes to amend the following:
Original: BLUEBEARDS INC. 5860 FORWARD AVE APT 5 PITTSBURGH, PA 15217-2339
Proposed: Moira Koch Kaniewski of Bluebeards Inc., having an address of 55 Frazer Rd. Oak 135 Malvern, Pennsylvania United States 19355, whose e-mail address is moirakaniewski@gmail.com, whose phone number is 412-267-1904.
Additional Statements

"No claim is made to the exclusive right to use ORIGINAL apart from the mark as shown."

"The mark consists of a skull with a beard, hat, eyepatch and sword on a circle background. The color dark blue appears in the pirate hat. The color blue appears in the beard. The color brown appears in the circle design in the background. The color gold appears underneath the pirate hat and in the outline of the pirate hat. The color black appears in the wording and in the outline of the skull and sword designs, including the eye patch and eye and nose sockets. The color white appears in the skull and sword designs.."

"The color(s) blue, brown, gold, black and white is/are claimed as a feature of the mark."

The substitute specimen was in use in commerce at least as early as the filing date of the application The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true. /Moira Koch Kaniewski/ (Signature) Moira Koch Kaniewski, President (Name and Position) 11/29/06 (Date)

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Moira Koch Kaniewski/      Date: 11/29/2006
Signatory's Name: Moira Koch Kaniewski
Signatory's Position: President

Response Signature
Signature: /Moira Koch Kaniewski/     Date: 11/29/2006
Signatory's Name: Moira Koch Kaniewski
Signatory's Position: President
Mailing Address:    Moira Koch Kaniewski
   Bluebeards Inc.
   55 Frazer Rd. Oak 135
   Malvern, Pennsylvania 19355
        
Serial Number: 78801702
Internet Transmission Date: Wed Nov 29 12:21:20 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2006112912212002
6954-78801702-3404dd549453f265a54b291f3d
f6c3fdb-N/A-N/A-20061129121027216298